MATTER OF WHITSELL v. ACAD. AUTO SALES


16 A.D.2d 846 (1962)

In the Matter of the Claim of Mandistine Whitsell, Respondent, v. Academy Auto Sales et al., Appellants. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 4, 1962


The appellants, employer and carrier, do not dispute the finding of the board that the claimant is decedent's widow; or that there is sufficient evidence to find she is his widow. Her claim was not filed until May 4, 1960, more than two years after the death on September 15, 1957. The essential question in the case is whether the claim filed within the two-year period by the decedent's niece, who was not a dependent, is sufficient to protect the award to the widow. The claim...

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